After Losing Freedom, Some Immigrants Face Loss of Custody of Their Children

[AlphaCentauri]

When immigration agents raided a poultry processing plant near here two years ago, they had no idea a little American boy named Carlos would be swept up in the operation.
One of the 136 illegal immigrants detained in the raid was Carlos’s mother, Encarnación Bail Romero, a Guatemalan. A year and a half after she went to jail, a county court terminated Ms. Bail’s rights to her child on grounds of abandonment. Carlos, now 2, was adopted by a local couple.

In his decree, Judge David C. Dally of Circuit Court in Jasper County said the couple made a comfortable living, had rearranged their lives and work schedules to provide Carlos a stable home, and had support from their extended family. By contrast, Judge Dally said, Ms. Bail had little to offer.

“The only certainties in the biological mother’s future,” he wrote, “is that she will remain incarcerated until next year, and that she will be deported thereafter.”

http://www.nytimes.com/2009/04/23/us/23children.html?ref=americas

[stray cat]

1. I thought illegal immigrants were sent home and not jailed

If she was jailed for additional criminal activity alot of people who go to jail can lose custody.

[Tempest]

2. The courts are so backed up, it can take years before an immigrant sees a judge

This is really fucked up.

To expand:

An immigrant has to admit to being in the country before they are deported. If they don't admit to being in the country, they are brought before a judge and evidence is presented. If the judge deems them illegal and in the country without reason then they are deported.

The judge will also look at evidence that they have a legitimate reason for being in the country illegally (political prosecution at home, for example) or the evidence doesn't prove they are in the country illegally and can rule to let them stay while their immigration status is determined.

In either case, the person can sit in jail from 6 months to 3 years before seeing a judge.

[AlphaCentauri]

6. that is a big problem, good point

[AlphaCentauri]

4. She was deported

she was detained in April 2005 on charges of falsely identifying herself to a police officer. She was later deported.

[Sequoia]

3. Remember the Inquisition when Jewish kids were taken away

and given to Roman Catholics back in the day?

Some horrors never change.

[pnutbutr]

5. this is one reason why I support

providing illegal immigrants that are detained solely for their immigration status the opportunity to pursue citizenship. Help start them on the path and then leave it up to them to continue and have status checks every so often to be sure they are compliant. If you are actively in the process of seeking citizenship, you cannot be deported. If they are compliant and still active in the process leave them be, if not, deport them.